Act No. 99 / 1988 Coll.
Law amending and supplementing the Economic Arbitration Act
Valid
Effective from 01.07.1988
99
THE LAW
of 15 June 1988
amending and supplementing the Economic Arbitration Act
The Federal Assembly of the Czechoslovak Socialist Republic decided on this law:
Act No. 121 / 1962 Coll., on Economic Arbitration, as amended, is amended as follows:
1.
"(a) discuss and decide economic disputes between socialist organisations, organisational units or bodies of socialist organisations where they are entitled to speak on their behalf in economic relations and between other participants in economic obligations (1) (hereinafter referred to as" organisations, ")."
2.
"(d) draws the attention of the socialist organisations and economic management authorities to the defects in their activities and, where appropriate, proposes measures to remedy these defects;"
3. the following shall be added to Article 1 (g):
"(g) in the cases and under the conditions laid down in a specific regulation, the invalidity of the measures of the economic management authority shall be decided,";
4. the following shall be added to Article 1 (h):
"(h) establish, in serious cases, whether its decisions have been complied with and are effective and, where appropriate, take measures to comply with them."
5. in Article 2 (1), the following shall be inserted after point (d):
"(e) disputes concerning the abstention of the infringement and disputes concerning the abolition of the infringement;
(f) disputes concerning extradition, ';
The current text of point (e) shall be marked as (g).
6. Paragraph 2 (4) is deleted.
7. Article 2a (1) reads as follows:
"(1) Economic arbitrage shall be discussed and decided by economic disputes concerning compensation and compensation for property damage between organisations and economic managementauthorities (2) in cases and under the conditions laid down in a special regulation."
8.
(1) In its activities, economic arbitrage is governed by the laws and principles of economic policy of the Czechoslovak Socialist Republic. It promotes social economic interests across borders against narrow local, corporate and, where appropriate, departmental interests. It shall ensure the consolidation of state, in particular planning, contractual and financial discipline, in particular the provision and performance of the tasks set out in the national economic development plan; the organisation and, where appropriate, the competent economic management authorities are obliged to provide it with the necessary synergies.
(2) If, in carrying out its tasks, economic arbitrage finds that measures implemented by organisations or economic management bodies concerning economic relations between socialist organisations are contrary to the law or the principles of economic policy of the Czechoslovak Socialist Republic or to the tasks of the State Plan for the Development of the National Economy, it is bound to notify and seek redress without delay (§ 45) unless it takes other measures (§ 46d). '
9. Paragraph 10 (2) (a) reads as follows:
"(a) decide to amend the decisions of the economic arbitrage authorities or to repeal those decisions and to order the dispute to be renegotiated in the cases referred to in Article 42, to amend the decision imposing an economic fine in the cases referred to in Article 46b and to amend the decision on the annulment of the measures taken by the economic management authority in the cases referred to in Article 46d,";
10. Article 13 (1) (d) reads as follows:
"(d) disputes referred to in Article 2a between organisations and federal ministries or other federal central authorities, or where there are disputes relating to the protection and security of the State or to supplies in the field of State tangible reserves."
11. Paragraph 13 (2) (a) reads as follows:
"(a) where the proposal to impose an economic fine is directed against an organisation within the competence of the Federation or against several organisations, at least one of which is within the competence of the Federation,";
12. Article 13 (3) is added as follows:
"(3) The State Arbitration of the Czechoslovak Socialist Republic decides on the nullity of the measures of the economic management body,
(a) where the application for annulment of the measures is directed against the Federal Ministry or any other federal central body,
(b) if the proposal for annulment of the measures of the economic management body is linked to the protection and security of the State or to supplies in the field of material State reserves. ";
13. Article 13a (1) (b) reads as follows:
"(b) disputes referred to in Article 2a between organisations and ministries or other central bodies of the Czech Socialist Republic or the Slovak Socialist Republic or between organisations and regional national committees."
14. in Article 13a (2), the words "and the nullity of the measures of the economic management body" shall be inserted after the words "economic fines."
Article 15 (13a) (3) reads as follows:
"(3) The local jurisdiction of the State Arbitration of the Czech Socialist Republic or of the State Arbitration of the Slovak Socialist Republic shall be governed by the seat of the institution or, where appropriate, by the organisation against which the arbitration request is directed, or by the headquarters of the organisation against which the application for the imposition of an economic fine is directed, or by the establishment of an economic management body against which the application for annulment of its measures is directed; where there are more than one authority or organisation, jurisdiction shall be governed by the seat of any of them. ';
16. in Paragraph 22, the following paragraph 2 is inserted after paragraph 1:
"(2) The inaccuracy in the designation of the arbitrage application organisation or organisation against which the application is directed shall correct the economic arbitrage on a proposal from the organisation or on its own initiative, if it is otherwise clear which organisation it is. ';
17. In Paragraph 22, paragraph 2 is renumbered paragraph 3 and the words "or if the economic arbitrage is corrected by an inaccuracy in the organisation's designation 'are inserted after the words" within the time limit'.
18. Paragraph 26 (2) is deleted; at the same time the numbering of the paragraphs is deleted.
19. Paragraph 27, including the title, reads:
Approval of the organisation agreement
Proceedings can be concluded by agreement of organisations, approved by economic arbitrage. Economic arbitration shall approve the Agreement if it does not conflict with the laws and / or principles of economic policy of the Czechoslovak Socialist Republic. The approved agreement shall have the legal effects of the decision. '.
20. Paragraph 28 is renumbered paragraph 1 and the following paragraph 2 is added:
"(2) If the arbitration organisation withdraws the application, it shall issue an economic arbitrage to the decision to terminate proceedings if the withdrawal of the arbitration request is not contrary to the laws and / or principles of the economic policy of the Czechoslovak Socialist Republic. If the withdrawal of the arbitration request would be contrary to the law or to the principles of the economic policy of the Czechoslovak Socialist Republic, the economic arbitrage would continue to be applied."
21. In Paragraph 29 (1), the words "or which have not fulfilled the obligation under Paragraph 40a (2) shall be inserted after the words" arbitrarily extended, "or that have not fulfilled the obligation under Article 40a (2) within the prescribed time limit."
22. the second, third and fourth sentences shall be deleted in Paragraph 30 (1).
23. § 31a is deleted.
24. in the second sentence of Article 32 (1), the words "the disputes referred to in Article 2a" shall be inserted after the words "the State Arbitration of the Slovak Socialist Republic."
25. in Paragraph 32 (6), the word "may" shall be deleted and the words "cancel and order" shall be replaced by the words "cancel and order the dispute."
26. In the first sentence of Paragraph 38 (1), the text separated by commas is inserted after the words "up to 50 000 Ccs'," if not for the dispute referred to in Paragraph 2a, '.
27. the following Section 40a is inserted after Section 40:
(1) In serious cases, the authority of the economic arbitrage responsible for the decision of the dispute, either on its own initiative or at the initiative of the State Arbitration of the Czech Socialist Republic, the State Arbitration of the Slovak Socialist Republic or the State Arbitration of the Czechoslovak Socialist Republic, ascertains whether the decision has been complied with.
(2) Organisations designated as parties to an economic dispute shall, at the request of the economic arbitrage body, contained in the decision or taken separately, communicate within a specified time limit whether the decision has been complied with; they shall also be required, as appropriate, to submit the relevant document for such communication and to provide the additional required synergies. ';
28. Paragraph 41 (1) and (2) reads as follows:
"(1) If, by decision of the Regional State Arbitration, the laws or principles of economic policy of the Czechoslovak Socialist Republic have been infringed, the relevant State Arbitration of the Czech Socialist Republic or the State Arbitration of the Slovak Socialist Republic shall, on a proposal from the Slovak Socialist Republic, amend or withdraw the decision and order the dispute to be renegotiated or take other measures. On its own initiative, the relevant State Arbitration of the Czech Socialist Republic or the State Arbitration of the Slovak Socialist Republic may do so within two months of the legal power; If there are particularly urgent reasons for doing so, it may continue to do so after that period, but no later than two years from the legal authority of the decision.
(2) The relevant State Arbitration of the Czech Socialist Republic or the State Arbitration of the Slovak Socialist Republic will also examine, on a proposal for a decision of the Regional Arbitration State if, after the decision has been taken, new facts which could not have been known to the parties to the dispute at the time of its issue have been found to be of substantial importance to the decision and, in view of them, the decision is contrary to the laws or principles of the economic policy of the Czechoslovak Socialist Republic. On the basis of such new facts, the relevant State Arbitration of the Czech Socialist Republic or the State Arbitration of the Slovak Socialist Republic may review the decision of the Regional State Arbitration on its own initiative. "
29. in Paragraph 41 (3), the word "may" shall be deleted and the word "do" shall be replaced by the word "do."
30. In Article 41 (5), the following sentence is inserted after the fourth sentence: "The proposal to review the decision in the disputes referred to in Article 2a shall have suspensory effect."
31. In Paragraph 42 (1), the following sentence is added at the end: "The proposal is submitted to the Presidium of the State Arbitration of the Czechoslovak Socialist Republic by the competent economic management authority or by one of the members of the presidium."
32. Article 42 (2) reads as follows:
"(2) The Presidium of the State Arbitration of the Czechoslovak Socialist Republic shall, for the reasons set out in paragraphs 1 and 2 of Section 41, amend or repeal the decision in the disputes referred to in paragraph 13 and order the dispute to be renegotiated or take other measures. The proposal shall be submitted by the organisation or body which is a party to the dispute; Paragraph 41 (5) shall apply mutatis mutandis. The Presidium of the State Arbitration of the Czechoslovak Socialist Republic may also review the decision on the proposal of one of the members of the Presidium, but within two years of the decision's legal power."
33.In Paragraph 44a (2), the heading "Paragraph 30 (1) 'is replaced by" Paragraph 27'.
Paragraph 45 (1) reads as follows:
"(1) Economic arbitrage shall draw the relevant managers of socialist organisations and economic management bodies' attention to the significant defects in the activities of socialist organisations and economic management bodies which have emerged in the performance of the arbitration activity (signalling). '
35. in the second sentence of Article 45 (2), the words "management of a socialist organisation" shall be inserted after the words "non-compliance" and the words "to his superior authority" shall be replaced by the words "competent authority of economic management."
36. paragraph 3 shall be deleted in Paragraph 45.
37. in Paragraph 46a (2), the words "levy the amount," shall be replaced by "may levy the amount up to the amount."
38. § 46a (3) reads as follows:
"(3) The proceedings for the payment of periodic penalty payments shall be initiated by economic arbitrage, on a proposal from the competent authority, on the basis of its control or review activities. The proposal shall contain:
(a) the designation of the organisations by which the levy is to be imposed;
(b) the facts justifying the imposition of the levy, in particular the date on which the right to periodic penalty payments arose and the date on which it was terminated;
(c) the amount of periodic penalty payments to be paid. ';
39. in Article 46b (2), the words "the price authorities of the Republics" and "on the basis of the findings made in arbitration proceedings by the economic arbitrage authorities" shall be deleted; the words "Ministry of Finance of the Republic 'shall be replaced by the words" Ministry of Finance, Prices and Wages of the Czech Socialist Republic, Ministry of Finance, Prices and Wages of the Slovak Socialist Republic'; the words "People's Control Committees of the Republics' shall be replaced by the words" Committee of People's Control of the Czech Socialist Republic, Committee of People's Control of the Slovak Socialist Republic ';
40. in Article 46b (3), the words "or the institution against which" shall be replaced by the words "against which."
41. Paragraph 46b (4), second sentence, reads: "The same copy must be sent simultaneously to the organisation against which the proposal is directed."
Article 42.46b (5) reads as follows:
"(5) The organisation against which the proposal is directed shall, within 15 days of receipt of the copy of the proposal, send the economic arbitrage and the appellant observations on the application for an economic fine."
43. The following sentence shall be added at the end of Paragraph 46b (6): "The procedure initiated on its own initiative shall be treated mutatis mutandis."
44. § 46b (7) reads as follows:
"(7) Negotiations on the application for an economic fine shall be required to take part in the management of the organisation against which proceedings have been initiated and the authorised representative of the applicant. '.
45. in the first and second sentences of Paragraph 46b (8), the words "or economic management authority" shall be deleted.
46. in Paragraph 46b (9), the second sentence is replaced by the following: "The application for this measure may be submitted to the applicant or the organisation to which the fine has been imposed within 15 days of receipt of the decision; the proposal submitted in time has suspensory effect. At the end of that period, one of the members of the presidium may submit a proposal for a measure of the presidium, but within two years of the decision. '
47. in Paragraph 46c (1), the words "or the authorities" and "and the authorities" shall be deleted.
48. in the first sentence of Paragraph 46c (2), the words "or institution" shall be deleted.
49. § 46d, including the title reads:
Procedure for the annulment of measures by the economic operator
(1) Economic arbitrage will invalidate the measures of the economic management body if it finds that the conditions laid down in the special regulation.3)
(2) The procedure for the annulment of the measures by the economic operator shall initiate economic arbitrage on a proposal from the organisation or on its own initiative. The organisation may submit a proposal to initiate the procedure no later than three months after the date on which the measure took effect. On its own initiative, the economic arbitrage shall still be initiated after that period if the economic management body's measures are of an urgent social interest, but not later than two years after the date on which the measure took effect.
(3) The application to initiate the procedure for the annulment of an economic operator's measure must contain the indication of the economic operator against which the application for annulment of the measure is directed, the indication of the measure against which the economic arbitrage is to be declared, the facts and evidence justifying the organisation's proposal for annulment of the measure.
(4) The same copy of the proposal to initiate the procedure for the annulment of the measure must be sent at the same time by the organisation to the economic management body against which the proposal to initiate the procedure is directed.
(5) Within 15 days of receipt of the copy of the application, the economic arbitration body against which the application for annulment of the measure is directed must submit observations to the economic arbitrage and the organisation which initiated the application. The observations shall in particular state the opinion on the proposal and the indication of the facts and evidence referred to by the economic management authority.
(6) Three arbitrators, one of whom presiding, decide on the application for annulment of the measures of the economic management body. These arbiters and the chairperson shall designate the relevant principal arbiter. If a measure whose economic arbitrage is to be declared invalid relates to the provision of defence and security to the State or to supplies in the field of State tangible reserves, the Chief of the Military Department of the State Arbitration of the Czechoslovak Socialist Republic or his representative is one of the arbiters. Proceedings initiated on its own initiative shall be treated mutatis mutandis.
(7) Negotiations on the application for annulment of the measures of the economic management body shall be made by the authorised personnel of the economic management body and by the managers of the organisation which made the application for initiation.
(8) Only the presidium of the State Arbitration of the Czechoslovak Socialist Republic can alter the annulment of the measures of the economic management body. The application for such a measure may be submitted to the presidium of the organisation which initiated the application for annulment of the measures to the economic operator or the economic operator whose action has been decided within 15 days of receipt of the decision; the proposal submitted in time has suspensory effect. On expiry of that period, one of the members of the presidium may submit a proposal for a presidium measure, but within a maximum period of two years from the legal authority. ';
50. Paragraph 46d is renumbered § 46e and reads:
The provisions of Part Three shall apply mutatis mutandis to proceedings for the payment of periodic penalty payments to the State budget, the imposition of an economic fine and the annulment of the measures by the economic management authority. There shall be no charge for proceedings for the payment of periodic penalty payments to the State budget and the imposition of an economic fine. '.
51. after § 47a, the following § 47b is inserted:
The local jurisdiction of economic arbitrage applicable to split-off plants shall also apply to the internal organisational units of state-owned enterprises which act in legal relationships on behalf of the state enterprise. 4) '.
The Bureau of the Federal Assembly is hereby authorised to declare in the Collection of Laws the full text of Act No. 121 / 1962 Coll., on Economic Arbitration, as is apparent from later regulations.
This Act shall take effect on 1 July 1988.
Husák v. r.
Indra v. r.
Strougal v. r.
1) Articles 17 (2) and 113 of the Economic Code.
2) Article 26a of the Economic Code. Article III, point 1 of Act No. 98 / 1988 Coll., amending and supplementing the Economic Code.
3) § 26c of the Economic Code.
4) Paragraph 5 (3) of Act No. 88 / 1988 Coll., on State Enterprise.
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Regulation Information
| Citation | Act No. 99 / 1988 Coll., amending and supplementing the Act on Economic Arbitration |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 15.06.1988 |
|---|---|
| Effective from | 01.07.1988 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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